Ruling clears way for Katrina lawsuit

NEW ORLEANS, May 3 (UPI) -- The U.S. Army Corps of Engineers can be sued for alleged Mississippi River channel defects that contributed to Hurricane Katrina's devastation, a judge says.

U.S. District Judge Stanwood Duval ruled Friday that the corps will face a trial to settle allegations that engineering and maintenance defects caused the Mississippi River-Gulf Outlet to serve as a funnel for flood waters during the 2005 hurricane, The (New Orleans) Times-Picayune reported Saturday.

The lawsuit alleges that by not properly maintaining the outlet, the corps caused thousands of New Orleans homes to be flooded during the natural disaster.

The suit was filed by California attorney Pierce O'Donnell on behalf of a group of plaintiffs. The corps had argued the suit should be dismissed under federal law it says protects the agency from being sued for damage allegedly caused by its projects.

Duval rejected that claim but did caution both sides in the case that his ruling did not mean the agency was liable for the Katrina damages, The Times-Picayune reported.